| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of companies that prearrange barbering |
|
|
and cosmetology services outside of certain facilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter E, Chapter 1603, Occupations Code, is |
|
|
amended by adding Section 1603.208 to read as follows: |
|
|
Sec. 1603.208. DIGITALLY PREARRANGED REMOTE SERVICES. |
|
|
(a) In this section: |
|
|
(1) "Digital network" means any online-enabled |
|
|
application, Internet website, or system offered or used by a |
|
|
remote service business that allows a client to arrange for a |
|
|
digitally prearranged remote service. |
|
|
(2) "Digitally prearranged remote service" means a |
|
|
barbering or cosmetology service performed for compensation by a |
|
|
person holding a license, certificate of registration, or permit |
|
|
under Chapter 1601 or 1602 or this chapter that is: |
|
|
(A) prearranged through a digital network; and |
|
|
(B) performed at a location other than a place of |
|
|
business that is licensed or permitted under Chapter 1601 or 1602 or |
|
|
this chapter. |
|
|
(3) "Remote service business" means a corporation, |
|
|
partnership, sole proprietorship, or other entity that, for |
|
|
compensation, enables a client to schedule a digitally prearranged |
|
|
remote service with a person holding a license, certificate of |
|
|
registration, or permit under Chapter 1601 or 1602 or this chapter. |
|
|
(b) The commission shall adopt rules to administer this |
|
|
section, including rules that: |
|
|
(1) set minimum standards for: |
|
|
(A) the operation of a remote service business; |
|
|
and |
|
|
(B) the sanitation requirements for performing a |
|
|
digitally prearranged remote service; |
|
|
(2) determine activities within the scope of barbering |
|
|
and cosmetology that may be performed as a digitally prearranged |
|
|
remote service; and |
|
|
(3) establish procedures for inspecting and auditing |
|
|
the records of a remote service business and of a person who |
|
|
performs a digitally prearranged remote service. |
|
|
(c) Sections 1601.453, 1601.455, 1602.251(c), and 1602.407 |
|
|
do not apply to a digitally prearranged remote service scheduled |
|
|
through a remote service business. |
|
|
(d) A person who holds a license, certificate of |
|
|
registration, or permit to practice barbering or cosmetology and |
|
|
who performs a digitally prearranged remote service shall: |
|
|
(1) comply with this section and the rules adopted |
|
|
under this section; and |
|
|
(2) practice within the scope of the person's license, |
|
|
certificate of registration, or permit. |
|
|
(e) A remote service business may not offer a barbering or |
|
|
cosmetology service that requires treating or removing a person's |
|
|
hair by: |
|
|
(1) coloring; |
|
|
(2) processing; |
|
|
(3) bleaching; |
|
|
(4) dyeing; |
|
|
(5) tinting; or |
|
|
(6) using a cosmetic preparation. |
|
|
(f) Before a person licensed, registered, or permitted to |
|
|
practice barbering or cosmetology performs a digitally prearranged |
|
|
remote service for a client requesting the service, a remote |
|
|
service business shall provide through the entity's digital |
|
|
network: |
|
|
(1) the following information regarding the person who |
|
|
will perform the service: |
|
|
(A) the person's first and last name; |
|
|
(B) the number of the person's license, |
|
|
certificate of registration, or permit, as applicable; and |
|
|
(C) a photograph of the person; |
|
|
(2) the following information regarding the business: |
|
|
(A) Internet website address; and |
|
|
(B) telephone number; and |
|
|
(3) the department's Internet website address and |
|
|
telephone number and notice that the client may contact the |
|
|
department to file a complaint against the business or person. |
|
|
(g) Within a reasonable time after completion of a digitally |
|
|
prearranged remote service, the remote service business shall issue |
|
|
to the client who requested the service a receipt that includes: |
|
|
(1) the date the service was provided; |
|
|
(2) a description of the service; |
|
|
(3) the first and last name of the person who performed |
|
|
the service; |
|
|
(4) the number of the person's license, certificate of |
|
|
registration, or permit, as applicable; |
|
|
(5) the following information regarding the business: |
|
|
(A) Internet website address; and |
|
|
(B) telephone number; and |
|
|
(6) the department's Internet website address and |
|
|
telephone number and notice that the client may contact the |
|
|
department to file a complaint against the business or person. |
|
|
(h) A remote service business shall maintain each record |
|
|
showing compliance with this section and the rules adopted under |
|
|
this section until at least the fifth anniversary of the date the |
|
|
record was generated. |
|
|
(i) A remote service business shall terminate a person's |
|
|
access to the business's digital network if the business or |
|
|
department determines the person violated: |
|
|
(1) this chapter; |
|
|
(2) a rule adopted under this chapter; |
|
|
(3) Chapter 1601 or 1602; or |
|
|
(4) a rule adopted under Chapter 1601 or 1602. |
|
|
SECTION 2. As soon as practicable after the effective date |
|
|
of this Act, the Texas Commission of Licensing and Regulation shall |
|
|
adopt the rules necessary to implement Section 1603.208, |
|
|
Occupations Code, as added by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |